Shoplifting – which is known as theft under Texas law – is one of the most frequently charged offenses in Texas and the Houston area. Shoplifting can be charged as a misdemeanor or a felony depending on the value of the items a person allegedly steals or attempts to steal. The majority of shoplifting cases filed in the Greater Houston area are filed as misdemeanors. Nevertheless, a shoplifting arrest can lead to severe personal and professional consequences, so it is critical to do everything possible to keep a shoplifting conviction off of your record.
As noted, shoplifting is considered theft under Texas law. If you are accused of shoplifting, the level of offense will be determined by the alleged value of the items. Under Texas Penal Code 31.03, the following punishment ranges apply to shoplifting cases:
- Shoplifting less than $100 is a Class C misdemeanor. The punishment for a Class C misdemeanor is a fine of up to $500.
- Shoplifting between $100 and $750 is a Class B misdemeanor. The punishment for a Class B misdemeanor is a fine of up to $2,000 and up to 180 days in jail.
- Shoplifting between $750 and $2,500 is a Class A misdemeanor. The punishment for a Class A misdemeanor is a fine of up to $4,000 and up to one year in jail.
- Shoplifting between $2,500 and $30,000 is a state jail felony. The punishment for a state jail felony is a fine of up to $10,000 and between 180 days to 2 years in jail.
- Shoplifting between $30,000 and $150,000 is a felony in the third degree. The punishment for a felony in the third degree is a fine of up to $10,000 and between 2 and 10 years in prison.
- Shoplifting between $150,000 and $300,000 is a felony in the second degree. The punishment for a felony in the second degree is a fine of up to $10,000 and between 2 and 20 years in prison.
- Shoplifting over $300,000 is a felony in the first degree. The punishment for a felony in the first degree is a fine of up to $10,000 and between 5 and 99 years in prison.
A majority of shoplifting cases filed in the Greater Houston area are charged as Class “C” or Class “B” misdemeanors. It is rare for a shoplifting case to be charged as a more serious offense than a State Jail Felony. Most theft cases more serious than a State Jail Felony are typically other types of thefts, such as theft from an employer.
When you are arrested for shoplifting, you will typically be arrested and processed in downtown Houston. Very frequently, in the Houston area a person accused of Class “C” shoplifting will be given a citation and a court date and released. If you are accused of Class “B” shoplifting or greater, you will typically be taken to jail and have to wait and see a magistrate judge. In Houston, many shoplifting defendants will be given a free bond and released from jail without having to pay any money.
The consequences of a shoplifting arrest will vary. Although jail time is possible, depending on the value of the items alleged to have been stolen, that is usually not very likely for a shoplifting arrest, especially when a defendant has no criminal history. Of course, the goal of a criminal defense attorney is to obtain a dismissal of the charges against you. If your shoplifting case is dismissed, then you will be eligible to get your records expunged.
If your shoplifting case is not dismissed, then you will have to choose between a trial or a plea agreement. In some counties, you may be eligible for what is called a pre-trial diversion, which may result in the dismissal of the charges against you. An experienced criminal defense attorney can help you evaluate your options after the evidence has been received and the attorney has been able to evaluate the case.
Beyond the direct consequences of a criminal case, a shoplifting arrest can affect your ability to find a job, certain types of housing, or even your ability to become a United States citizen. Although most shoplifting cases filed in Texas are misdemeanors, they can damage a person’s record more than many felonies due to the stigma associated with theft. Simply put, many employers due not want to hire a person who has been accused of shoplifting. A person convicted of shoplifting may also be denied a lease on an apartment. Similarly, under immigration law, crimes involving dishonesty can have an especially damaging effect on a person’s legal status.
For these reasons, it is critical to do whatever possible to keep a shoplifting conviction off of your record. At Ceja Law Firm, we regularly represent clients charged with shoplifting throughout the Greater Houston area. Call Ceja Law Firm today for a free consultation.
